Migration Regulations 1994 Specification of Bridging (General) Visa Satisfaction of Criteria by Certain Applicants IMMI 06/021 (Cth)

Commonwealth of Australia

Migration Act 1958

Migration Regulations 1994

BRIDGING (GENERAL) VISA – SATISFACTION OF CRITERIA BY CERTAIN APPLICANTS

(REGULATION 050.212(8)(b)(ii))

I, AMANDA VANSTONE, Minister for Immigration and Multicultural Affairs, acting under regulation 1.17 and subparagraph 050.212(8)(b)(ii) of the Migration Regulations 1994 ("the Regulations"):

1. REVOKE the Instrument specifying a class of persons for the purpose of subparagraph 050.212(8)(b)(ii) of the Regulations signed on 10 December 2003.

1. SPECIFY all non-citizens who held a Subclass 785 - Temporary Protection visa, and who within 45 days after the expiry of that Subclass 785 - Temporary Protection visa, made an application for a Protection (Class XA) visa, as a class of persons for the purposes of subparagraph 050.212(8)(b)(ii) of the Regulations in respect of a Bridging (General) visa to be granted as a result of the Class XA application.

1. SPECIFY all non-citizens who hold, or have held a subclass 695 Return Pending (Temporary) (Class VA) Visa, for whom the Minister has lifted the bar in section 48A and who have made an application for a Protection (Class XA) visa, as a class of persons for the purposes of subparagraph 010.611(2)(c)(i) of the Regulations in respect of a Bridging (General) visa to be granted as a result of the Class XA application.

This Instrument, IMMI 06/021, commences on the day after it is registered on the Federal Register of Legislative Instruments.

Dated    21 December 2006

AMANDA VANSTONE

Minister for Immigration and Multicultural Affairs

[NOTE 1: Regulation 1.17 provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.

NOTE 2:       Subclause 050.212(8) sets out requirements for an applicant seeking to meet the time of application criteria for a Subclass 050 – Bridging (General) visa. An applicant meets the criteria if, among other things, the applicant is within a class of persons specified by Gazette Notice for subparagraph 050.212(8)(b)(ii), and the Minister is satisfied that the applicant has a compelling need to work.

NOTE 3: Section 48A of the Migration Act 1958 provides that a non-citizen who is refused a protection visa may not make a further application for a protection visa. However, section 48B provides that the Minister may determine that section 48A does not apply to the non-citizen.]